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Brantford-Brant

Single punch justified: judge

A squabble over seating on a city bus that turned physical has ended with an acquittal for a Brantford man.

Charged with assault in April 2016, Rob Ferguson, 42, has made numerous appearances in court and spent at least nine partial days in a trial that began last June.

This week, Justice Colette Good spent more than two hours reading her verdict.

She dismissed Ferguson's contention that his charter rights had been breached but agreed that he was defending himself and his wife when he punched another bus rider in her face. Ferguson's wife, Kalena Mallon-Ferguson, also was charged in the incident but the charge was later withdrawn.

"I find the single punch was the exact response needed to stop the attack," said Good.

"It was a reasonable and measured response to the escalating violence."

Good reviewed the only bus video that was made available in the case.

She said she found the complainant who was hit by Ferguson was a "less than reliable witness" and was "aggressive, belligerent and threatening."

The judge noted that the woman took issue with Ferguson, who is blind in one eye, sitting in the disabled priority seating next to her and poked, touched or hit him five times, The woman was told several times that Ferguson recently had had a major heart attack and that she should not touch him.

When Ferguson's wife pushed away the woman, she was knocked down by her. Ferguson jumped to his feet to defend his wife.

Good said the entire incident could have been avoided if either party opted to sit elsewhere in the near-empty bus but they were "too stubborn."

"This whole dispute was over a turf war over seats on a bus," said Good.

After being acquitted, Ferguson said outside the courthouse that he filed a complaint with the Human Rights Tribunal complaint against the municipality for obstructing the case and denying him evidence.

He said he also plans to sue Brantford police for negligence.

Ferguson is the Libertarian candidate for Brantford-Brant in the June 7 provincial election.

Ferguson is the party's deputy minister and said he expects to become leader next year.

"I want people to know that I don't mind taking on government for rights and freedoms and I just proved that," he said.

"Too many people come into the court system and plead guilty in order to get it over with for a lesser sentence but I wasn't guilty and I knew it."

Ferguson runs a marketing and advertising business.

He has run unsuccessfully in three previous provincial campaigns, once for the Family Coalition Party and twice for the Libertarians. He ran unsuccessfully in the last federal election, representing the Libertarian party.

And he has unsuccessfully run in two municipal campaigns, seeking election to city council in Ward 4.

He is one of four announced candidates in Brantford-Brant who are seeking to succeed Liberal MPP Dave Levac, who is retiring after 19 years.

The others are Ruby Toor, of the Liberals, Willem Bouma, of the Progressive Conservatives, Alex Felsky of the NDP and Nicholas Archer of the None of the Above Party.